by José Ricardo Sousa, student of the Master's degree in EU Law of UMinho
Keywords: Common Market, Abuse, Dominant Position, European Commission, Exemption.
Court: CJEU, General Court | Date: June 10th 1990 | Case: T-51/89 | Applicants: Tetra Pak Raussing S.A. vs European Commission
Summary: On 26th July 1988, European Commission declared that Tetra Pak Raussing S.A. was in breach of article 86 of the EEC Treaty because by purchasing LiquiPak, they would have access to LiquiPak’s exclusivity contract of patent. This exclusive licence relates to a new UHT milk-packaging process. On 26th June 1986, EloPak made a complaint to the European Commission contesting TetraPak act according to articles 85 and 86 of the EEC Treaty. European Commission concluded that TetraPak infringed article 86 of the EEC Treaty by abusing its dominant position. TetraPak contested the decision and appealed to First Instance Court based on the argument that European Commission couldn’t disallow the deal based on article 86 when this deal is an exemption to n.3 of article 85 of the EEC Treaty. This argument is separated in three sub-categories: